Chapter 13 Bankruptcy - Chapter 13 bankruptcy is useful if you are having problems with debtors and in immediate danger of a foreclosure or other litigation for missed payments. Chapter 13 bankruptcy will immediately stop creditors from being able to take any action against your debts (at least temporarily), such as forecloses, wage garnishments, etc.
You can also pay off any back taxes you might owe, through a Chapter 13 bankruptcy, allowing you stop interest from accruing on your tax debt. Chapter 13 bankruptcy works by allowing you to repay your debts and not be in danger of losing your house or your car or other necessities. A Chapter 13 bankruptcy plan is established by the bankruptcy court for your particular situation, as deemed appropriate by the judge. The court will set you up with a payment plan, usually certain amount taken out of each paycheck and pad to the bankruptcy trustee.
In a chapter 13 bankruptcy case, the court will appoint a trustee who is in charge of paying off your creditors. This trustee can also answer your questions regarding your current rights and obligations under the chapter 13 bankruptcy laws. Your trustee will also be in charge of making sure that you are keeping on a budget, by keeping a close watch on your spending. In a Chapter 13 bankruptcy case, the courts will usually set up a very strict budget (called a Chapter 13 plan) which you will be required to stick to for 3 to 5 years.
A chapter 13 bankruptcy can remain on your credit report for up to 10 years, though in most cases it only remains for 7 years. After you have successfully completed your chapter 13 bankruptcy plan, you can usually find creditors who are willing to help you reestablish your credit with them. Often the bankruptcy court itself will provide you with a list. You should be aware, however, that many times the interest rate is higher on credit cards and other creditors for some time after filing for a chapter 13 bankruptcy. You should take off these factors into account before you file for chapter 13 bankruptcy, so you can make an informed decision on rather this is the right route for you.
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